NDIEMA SAMBURI SOTI V. ELVIS KIMTAI CHEPKESES

JUDGMENT OF THE COURT

This is an appeal against the judgment of the superior court at Bungoma (Sergon J.) dated 17^th March, 2005 dismissing the appellant’s claim to a portion of nine (9) acres of land by adverse possession. By an originating summons dated 20^th September, 2000, the appellant sought a declaration that he had acquired a portion of nine (9) acres of land from Title No. Elgon/Namorio/504 by adverse possession and a further relief that he be registered as an absolute owner of the land. The originating summons was supported by the appellant’s affidavit deposing, among other things, that on 4^th May, 1964 he bought 7 acres of land parcel No. Elgon/Namoria/504 from Chepkesis K. Kiboroywo (deceased) at a consideration of Shs.2,050/= which he fully paid on 11^th March, 1969; that on 28^th July, 1968 he bought a further 2 acres from the deceased which he fully paid on 4^th August, 1968; that the seller died in 1981 before he could sign the relevant documents to effect the transfer; t…